FOR BREAKING NEWS VISIT www.queenscourier.com MAY 7, 2015 • REAL ESTATE • The Queens Courier 51 Legally Speaking By: Scott Baron, Attorney at Law ACCIDENTS IN SPORTS Q: Tom is a member of the high school varsity softball team. When Tom slid into home plate, his left foot got stuck in the mud. It had rained heavily the day before the game. Tom had seen the mud area prior to the accident. While playing basketball at the gym, Dick ran at a fast pace and jumped to block a lay-up. As he did so, his right arm went through – and shattered – a pane of glass in one of the entrance doors. It was situated nearby the baseline. Harriette was conducting a personal training session. A swimmer in the same lane struck the back of Harriette’s knee with his foot – while turning to head in the opposite direction. Toni’s school offers voluntary extracurricular athletic activities. While roller skating, Toni lost her balance and fell. At a fitness center, Tina was participating in a first step-aerobics class. Underneath her step platform, there were far more risers than Tina would have imagined. Tina lost her footing and fell. A:Pursuant to the doctrine of primary assumption of risk, a voluntary participant in a sporting event consents to those commonly appreciated risks that are inherent in and arise out of the nature of the sport generally and flow from such participation. The doctrine is based on the principle that athletic and recreational activities possess enormous social value, even though they involve significantly heightened risks. Although an entity sponsoring a sporting activity is under a duty of ordinary reasonable care – to protect the participant from an unusual, concealed or unreasonably augmented risk – the participant assumes the obvious and inherent risks. Tina appears to have a strong case, and Dick’s case may well be strong. In all these cases, the victim should consult an attorney. Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel This article shall not be construed as legal advice. Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Avenue, Yonkers, NY 10710(718) 738-9800, (914) 337-9800, 1-866-927-4878 FREE Eye Exam WITH PURCHASE OF COMPLETE PAIR OF GLASSES OR EYE EXAM ONLY – $25 (REG. $85) COMPETITIVE PRICES with • Personalized Service & Attention • Our Professionally Trained Staff Will Give You A Careful Fit • Newest Styles • No Gimmicks 20% OFF ALL PURCHASES not to be combined with any other offer Varilux no-line bifocals progessive lenses w/plastic or metal frames Choose From Over 300 Frames $170 Some restrictions may apply. Not to be combined with any other offer. 2 Pairs of Eyeglasses (Frames & Lenses) $99 Choose From Over 300 Frames Some restrictions may apply. Not to be combined with any other offer. We Honor Most Competitor’s Coupons WE ARE A LOCAL FAMILY-RUN BUSINESS, NOT A CHAIN. WE OFFER PERSONAL SERVICE WITH HIGH QUALITY & LOW PRICES HUGE SELECTION! 50% OFF non-prescription sunglasses. Some restrictions may apply. Not to be combined with any other offer. • Lenses Duplicated • Motor Vehicle Exam • Prescription Filled • Adjustments Done At No Extra Charge • Lab on Premises • Tinting • Eye Exams Clifford Optical 38-19 BELL BOULEVARD, BAYSIDE • 718.229.8086 OFFERING THE LOWEST PRICES ON CONTACT LENSES “United We Succeed” MAKING MORTGAGES EASY N0%-3% Down Payment on qualifi ed programs NDebt Consolidation on qualifi ed programs NMay help with low fi co scores on qualifi ed programs NRefi nance even if you owe more than what your house is worth (HARP) * N Reverse mortgages 888-888-5721 48-02 25th Ave., Suite 404 Astoria, NY 11103 *The interest on the portion of the credit extension that is greater than the fair market value of the dwelling is not tax deductible for Fed income tax purposes. The consumer should consult a tax adviser for further information regarding the deductibility of interest charges. This offer is made by United Mortgage Corp, Corporate Offi ce - 25 Melville Park Road, Suite 100, Melville, NY 11747, 800-462-4862, which is not affi liated with your current lender nor is it an agency of the federal government. United Mortgage Corp. is approved by HUD/FHA, Fannie Mae, Freddie Mac and Ginnie Mae. This is not a government form. This is not a credit decision or a commitment to lend. All proposals and approvals are subject to underwriting guidelines. Rates and programs are subject to change at any time. Licensed Mortgage Banker, New York Department of Financial Services - NYS Banking License # B500336 NMLS, Company Identifi er NMLS #1330. Branch NMLS# 1281062.
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